Jones' Administrator v. Warren's Administrator
Court of Appeals of Kentucky
|*et. & Sum. From the Circuit Court eor Bourbon County. Statement of tl^ case. The dioses in fiction belonging to the wife at the time of the marriage, vest in the husband, when, and provided, he reduces them to possession,or disposes of them effectually, during the coverture; otherwise they do not vest in him, but survive to the wife if she outlives thehusband.
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|*et. & Sum. From the Circuit Court eor Bourbon County. Statement of tl^ case. The dioses in fiction belonging to the wife at the time of the marriage, vest in the husband, when, and provided, he reduces them to possession,or disposes of them effectually, during the coverture; otherwise they do not vest in him, but survive to the wife if she outlives thehusband. The husband may administer on the wife’s es« tate, and in that character, will entitled to the dioses in action ^hat were hers, pnd never reduced to his possession— which, after paying her debts, hemay retain, as the statute…
1Opinion of the CourtChief Justice Robertson
Henry Warren borrowed from Polly Jones, whilst she was a feme covert and living with her husband, one hundred dollars, for which he gave a promissory note payable to her, on or before the first of June, 1832. Both she and Warren having afterwards died, intestate; before the note had been paid off, or sued on, or in any way disposed of, her administrator brought a petition and summons upon it against the administrator of Warren; to which he pleaded, that her husband, Thomas Jones, survived her, and was still living. And the Court having overruled a demurrer to the plea, judgment was rendered…
2Cases cited1 opinion
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
3Cited by4 opinions
- Roland v. LoganSupreme Court of Alabama · 1850
- Leakey v. MaupinSupreme Court of Missouri · 1847
- Todd v. ToddSupreme Court of Alabama · 1849
- Boughner v. SharpCourt of Appeals of Kentucky · 1911